Untitled document

Magistrates' Court General (Further Amendment) Regulations 2006

S.R. No. 18/2006

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Definitions

6.Application of Division

7.References to waiver periods

8.Insertion of new Schedule 11

SCHEDULE 11—Non-Government Enforcement Agencies

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 18/2006

Magistrates' Court Act 1989

Magistrates' Court General (Further Amendment) Regulations 2006

The Governor in Council makes the following Regulations:

Dated: 28 February 2006

Responsible Minister:

ROB HULLS
Attorney-General

JUSTINE FRANKLIN

Acting Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Magistrates' Court General Regulations 2000 to provide for the waiver of certain fees and costs payable in respect of infringement penalties registered under Schedule 7 to the Magistrates' Court Act 1989 for which an infringement notice was issued or served by a non-Government agency.

2.Authorising provision

These Regulations are made under section 140 of the Magistrates' Court Act 1989.

3.Commencement

These Regulations come into operation on 1 March 2006.

4.Principal Regulations

In these Regulations, the Magistrates' Court General Regulations 2000[1] are called the Principal Regulations.

5.Definitions

In regulation 1211 of the Principal Regulations—

(a)insert the following definitions—

' "first waiver period" means the period commencing 1 February 2006 and ending on 31 May 2006;

"non-Government enforcement agency" means an agency listed in Schedule 11;

"relevant waiver period" means—

(a)in respect of a registered infringement penalty for which an infringement notice was issued or served by a Government enforcement agency, the first waiver period;

(b)in respect of a registered infringement penalty for which an infringement notice was issued or served by a non-Government enforcement agency, the second waiver period;

"second waiver period" means the period commencing 1 March 2006 and ending on 31 May 2006;';

(b)the definition of "waiver period" is revoked.

6.Application of Division

In regulation 1212 of the Principal Regulations, for "by a Government enforcement agency." substitute—

"by—

(a)a Government enforcement agency within the meaning of this Division; or

(b)a non-Government enforcement agency within the meaning of this Division.".

7.References to waiver periods

(1)In regulation 1213 of the Principal Regulations, after "during the" (wherever occurring) insert "relevant".

(2)In regulation 1214(1) and (2) of the Principal Regulations, after "During the" (wherever occurring) insert "relevant".

(3)In regulation 1214(3) of the Principal Regulations—

(a)after "commencement of the" (where twice occurring) insert "relevant";

(b)after "during the" insert "applicable relevant".

(4)In regulation 1215 of the Principal Regulations—

(a)in paragraph (b)(i), after "during the" insert "relevant";

(b)in paragraph (b)(ii), after "after the" insert "relevant".

8.Insertion of new Schedule 11

After Schedule 10 to the Principal Regulations insert—

"__________________

SCHEDULE 11

Regulation 1211

NON-GOVERNMENT ENFORCEMENT AGENCIES

1.    City of Kingston

2.    Darebin City Council

3.    Glenelg Shire Council

4.    Moorabool Shire Council

5.    Moreland City Council

6.    Mornington Peninsula Shire Council

7.    Port Phillip City Council

8.    Southern Grampians Shire Council

9.    Swan Hill Rural City Council".

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ENDNOTES

[1] Reg. 4: S.R. No. 69/2000.  Reprint No. 2 as at 16 March 2005.  Reprinted to S.R. No. 10/2005.  Subsequently amended by S.R. Nos 99/2005 and 6/2006.